A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you suffered burn injuries in a vehicle fire in Albury NSW, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how to determine your eligibility, what evidence is needed, and key considerations for claims involving thermal and chemical burns from motor vehicle accidents.
NSW CTP Scheme Coverage for Burn Injuries
The NSW CTP scheme covers injuries caused by motor vehicle accidents, including burns resulting from vehicle fires. Under the Motor Accident Injuries Act 2017, injuries such as thermal burns, chemical burns, and scalds caused by accidents involving motor vehicles are generally eligible for compensation. However, the injury must be directly linked to the accident.
SIRA guidelines confirm that burn injuries are included in the scope of claims. For example, a person injured in a car fire caused by a collision would typically qualify, provided the injury meets the scheme's definition of a 'threshold injury' or higher. The key is establishing a clear causal connection between the accident and the burn.
Evidence Required for Burn Injury Claims
To support your claim, you'll need:
- Medical records documenting the burn injury and its cause
- Police or accident reports detailing the vehicle fire incident
- Witness statements or statements from emergency responders
- Photographs of the accident scene and injury
- Evidence of any ongoing treatment, such as hospital records or specialist reports
If the burn injury resulted from a vehicle fire, you must also prove the fire was caused by a motor vehicle accident. For example, if a car caught fire due to a collision, the injury would be covered. However, if the fire originated from an external source (e.g., a gas leak), the claim may not qualify.
Time Limits and Dispute Resolution
Claims under the CTP scheme must be made within 52 weeks of the accident, unless the injury is not immediately apparent. For burn injuries, this means you must notify SIRA within this period to access weekly benefits or treatment and care payments. If your injury falls within the 'threshold injury' category, benefits may be limited after 52 weeks.
If your claim is disputed, you can request a review by SIRA. In complex cases involving vehicle fires, seeking legal advice early is advisable to ensure your rights are protected.
When to Seek Legal Advice
While the CTP scheme provides a pathway for burn injury claims, the process can be complex. Legal professionals can help assess whether your injury meets the scheme's criteria, especially if the injury involves long-term scarring, nerve damage, or requires specialist treatment. They can also assist with disputes over claim validity or compensation amounts.
Practical Example
Consider a scenario where a car catches fire after a collision on a car park in Albury. A passenger suffers burns to their arms and face. Under the CTP scheme, this injury would likely qualify for compensation, provided the fire was directly caused by the accident. Medical evidence confirming the burn's origin and the accident report would be critical to the claim.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.